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U.S. Code as of:
01/19/04
Section 2701. Unlawful access to stored communications
(a) Offense. - Except as provided in subsection (c) of this
section whoever -
(1) intentionally accesses without authorization a facility
through which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that
facility;
and thereby obtains, alters, or prevents authorized access to a
wire or electronic communication while it is in electronic storage
in such system shall be punished as provided in subsection (b) of
this section.
(b) Punishment. - The punishment for an offense under subsection
(a) of this section is -
(1) if the offense is committed for purposes of commercial
advantage, malicious destruction or damage, or private commercial
gain, or in furtherance of any criminal or tortious act in
violation of the Constitution or laws of the United States or any
State -
(A) a fine under this title or imprisonment for not more than
5 years, or both, in the case of a first offense under this
subparagraph; and
(B) a fine under this title or imprisonment for not more than
10 years, or both, for any subsequent offense under this
subparagraph; and
(2) in any other case -
(A) a fine under this title or imprisonment for not more than
1 year or both, in the case of a first offense under this
paragraph; and
(B) a fine under this title or imprisonment for not more than
5 years, or both, in the case of an offense under this
subparagraph that occurs after a conviction of another offense
under this section.
(c) Exceptions. - Subsection (a) of this section does not apply
with respect to conduct authorized -
(1) by the person or entity providing a wire or electronic
communications service;
(2) by a user of that service with respect to a communication
of or intended for that user; or
(3) in section 2703, 2704 or 2518 of this title.
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